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(영문) 서울중앙지방법원 2019.05.02 2018가합518689
집행문부여의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) The GC regional housing association (hereinafter “instant association”) was authorized by the head of Dongjak-gu Seoul Metropolitan Government to establish a regional housing association established to promote a housing construction project in accordance with the Housing Act and subordinate statutes, and by the head of Dongjak-gu on January 25, 2008.

(2) The Plaintiffs entered into a contract with the instant association as a member of the said association (hereinafter “each of the instant associations”) and paid part of the business promotion expenses and the sales price to the instant association, the down payment and the first intermediate payment.

(3) The Defendants are the successors of the instant association members or deceased members at the time of the use approval by constructing collective housing.

B. (1) On February 28, 2012, the Plaintiff’s loss of membership, business promotion expenses, and claim for refund of sale price, etc. (1) the instant cooperative decided that “the amount of joint contributions and refund contributions to be deducted shall be determined at the final general meeting fixed, and the time of refund shall be determined at the time of completion of the business.”

(2) After becoming disqualified as a member of the instant association due to the change of the head of the household or the purchase of a house, the Plaintiffs claimed refund of the contribution already paid in the manner of sending content-certified mail to the instant association.

C. (1) The plaintiff filed a lawsuit against the Seoul Central District Court to claim the return of the contribution already paid to the association of this case in around 2015, and the above court ordered the plaintiff to pay the amount calculated by subtracting the business promotion expenses (15 million won) corresponding to the common contributions that the association of this case would be deducted from the contributions that the plaintiffs paid to the plaintiffs and delay damages.

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